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  • Rule of Law

    Restore the courts to their constitutional role which is to apply the laws as written, to protect individual rights, and to enforce constitutional limits on government.

    The Way Criminal Law is Supposed to Work

    Although sanity and common sense are frequently lacking in opinions issued by the Ninth Circuit Court of Appeals, Circuit Judge Alex Kozinski offered both those things in a concurrence he recently authored in U.S. v. Goyal. In convicting Probhat Goyal (the former CFO of Network Associates) of securities fraud, submitting … More

    Responding to Comments on CIFTA

    Several comments have taken issue with my post on the recent Washington Post article on the supposed prevalence of gun smuggling from the U.S. to Mexico. I’m glad to respond to their concerns. Let me begin by pointing out that it is not possible to prove absolutely that, of all … More

    Podcast: WikiLeaks

    As Julian Assange avoids stepping foot in the United States and cuts off ties to U.S.-based servers for his website, WikiLeaks, what recourse is left for the United States to take? Further, what punishment will Private First Class Bradley Manning, the officer charged with leaking these documents to Assange, face? And … More

    Morning Bell: Another Victory on the Road to Repeal

    “The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. At its core, this dispute is not simply about regulating the business of insurance—or crafting a scheme of universal health insurance coverage—it’s about an individual’s right … More

    Rolling Back Overcriminalization

    Between 2000 and 2007, the United States Congress created 452 entirely new crimes, a rate of over one new crime every week. By the end of 2007, the U.S. Code included more than 4,450 federal crimes, with an estimated tens of thousands more located in the federal regulatory code. Worse, … More

    Judge Rules Obamacare Mandate Goes Beyond Letter and Spirit of the Constitution

    In the most significant decision to date involving the numerous challenges to Obamacare, a district court today ruled in favor of the Commonwealth of Virginia’s challenge, and declared the individual mandate portion of the Patient Protection and Affordable Care Act unconstitutional.  The fact that the decision is based upon cross … More

    Arizona Immigration Law in the Supreme Court: Employers Who Knowingly Hire Illegal Aliens

    The oral arguments in the Supreme Court on Wednesday in U.S. Chamber of Commerce v. Whiting were an interesting mix of tap dancing, political correctness, and duplicity. In Whiting, the Chamber of Commerce sued the state of Arizona over its 2007 Legal Arizona Workers Act, which (1) authorizes the suspension … More

    Morning Bell: You Have To Pass This Amnesty To Find Out What Is In It

    The nation’s unemployment rate stands at 9.8 percent, a post–World War II record 19th month that unemployment has been over 9 percent. President Barack Obama is 7.3 million jobs short of what he promised his failed stimulus would deliver. The American people are staring down the barrel of the largest … More

    DREAMing of Amnesty

    The latest attempt to give millions of illegal aliens amnesty may get a vote in the Senate as early as Wednesday.  FOX News is reporting that there have already been three calls this week by administration officials on behalf of President Obama advocating the DREAM Act being pushed by Senators … More

    Supreme Court Is Asked to Strike Down Tobacco Settlement

    Last week the Competitive Enterprise Institute, a Washington-based free-market advocacy group, filed a petition with the U.S. Supreme Court to review the 1998 tobacco Master Settlement Agreement on the grounds it violates federal antitrust laws and is unconstitutional. The tobacco MSA is the result of 46 state attorneys general striking … More